Employment Rights Bill consultations – time to have your say

Lauren Ogden, Associate

The upcoming Employment Rights Bill has attracted a lot of attention and opinions in the employment world. We have discussed these proposed changes in both our HR Breakfast Seminars and in previous articles since the bill was announced. Now is finally the time for you to have your say on some of the changes being proposed in what is going to be one of the biggest changes to employment law we have seen.

The government has launched four consultation papers in respect of the following changes:

1. Enhanced dismissal protections for pregnant women and new mothers
2. Bereavement leave
3. Informing workers of their right to join a union
4. Trade union right of access

The Employment Rights Bill is still making its way through Parliament before it is given royal assent and becomes law. Despite this, there is still a lot of details missing as to how the new provisions will work in practice. It is intended that the specific details will be provided in secondary legislation. On that basis, the purpose of these consultations is to ensure that the practicalities strike a balance between employee protections and the operational needs of employers.

The consultation papers also provide an indication of what the government is considering implementing and are worth reading for employers.

Enhanced dismissal protections for pregnant women and new mothers

The Employment Rights Bill includes legislation that will make it unlawful to dismiss pregnant employees, employees on maternity leave and employees who return from maternity leave for at least six months after they return, except in specific circumstances.

The consultation paper is asking for views on:

• What specific circumstances it should be permitted to dismiss pregnant employees and those returning from maternity leave.
• When those protections should start and end.
• Whether any other new parents should be covered by the protections such as those on paternity, adoption or shared parental leave.

This consultation closes on 15 January 2026.

Bereavement Leave

The Employment Rights Bill in introducing a new day one right to unpaid bereavement leave, including pregnancy loss before 24 weeks.

The purpose of this consultation paper is to consult on:

• What eligibility criteria should apply
• The types of pregnancy loss that will be included
• When and how the leave can be taken
• Notice and evidence requirements

This consultation closes on 15 January 2026.

Informing workers of their right to join a union

A new duty on employers is being introduced requiring them to give written statements to workers informing them of their right to join a trade union.

This consultation paper is considering views on:

• What form the statement should take
• What information should be included in the statement
• How the statement should be delivered
• How often the statement should be reissued throughout employment

This consultation closes on 18 December 2025.

Trade union right of access

The Employment Rights Bill is introducing legislation that will permit trade unions to physically access workplaces to communicate with workers both in person and digitally.

The consultation paper is consulting on:

• How trade unions will request access
• How employers should respond to a request
• If any business should be exempt from the right of access
• Factors the Central Arbitration Committee should consider when determining whether access should be granted
• How the Central Arbitration Committee should come to decisions on the values of fines issues for employers breaching access agreements

This consultation closes on 18 December 2025.

Where to find the consultation papers

All of the consultation papers mentioned can be found on the government website and responses can be submitted online or via the email address provided on the website.

HR Breakfast Seminars

We will be continuing to discuss the upcoming changes from the Employment Rights Bill at our HR Breakfast Seminar on 4 December 2025, this time focusing on the changes being implemented in April 2026.

We have also previously discussed the Employment Rights Bill and the governments roadmap to introducing the bill at our September 2025 seminar.